Franchise

Featured Articles: Franchise

Lee Plave of Plave Koch PLC looks at the impact of the digital revolution on the franchise industry.

"The greatest change of the modern era – the digital revolution – presents an ever-evolving array of challenges for all players in society – companies, their counsel, their vendors, their customers and even their governments."

Mark Abell of Field Fisher Waterhouse LLP evaluates those EU countries that are most heavily regulated in the franchise field under the Franchise Regulation Evaluation Data (FRED) methodology and draws comparisons between the ratings of EU and non-EU states.

The International Who’s Who of Franchise Lawyers has brought together three of the leading practitioners in the world to discuss key issues facing lawyers today. They discuss the legislative developments in their jurisdictions, the evolution of the franchise bar, difficulties in market activity and the potential conflict of interest created by cross-representation.

Analysis: Franchise

In this year’s edition of WWL: Franchise, we shine the spotlight on 521 eminent franchise lawyers. The individuals listed below have been recommended for their experience advising franchisors and franchisees alike in complex matters relating to franchise agreements, system structuring, strategic expansion, IP matters and disputes.

With the increasing presence of private equity interest in the franchise market as well as the continued appeal of untapped markets in Asia, franchise practitioners we spoke to are seeing healthy growth and healthy returns in the sector. The nature of the franchising business model lends itself to expansion and development, prompting lawyers in the field to see a steady flow of work. However, sources did note concerns centring around upheaval caused by new technologies as well as secondary issues relating to data use and privacy. As a result, the market is an attractive one, but practitioners preach caution in the face of change.

In this edition we identify 542 leading lawyers from 73 countries, whom our research has highlighted for their expertise in franchising law and their experience assisting clients in the establishment, maintenance and growth of their franchise businesses. The individuals listed here boast a diverse range of expertise encompassing compliance matters, strategic counsel and dispute resolution, and have come highly recommended by market sources.

Franchising has become an incredibly useful device. Companies around the world are drawn to the franchising model as an effective way to expand their presence in the domestic and international marketplace, without the need for large amounts of capital. It is a key tool for individuals to become successful in small business, aided by an existing business model and an established brand. Despite the advantages of structuring a business using a franchise network, practitioners interviewed during our research highlighted challenges presented by market forces such as political uncertainty and new technology. They also noted other factors, such as the increasing role of private equity companies, which is having a considerable impact on the way in which companies are treated and traded. These factors are requiring franchise concepts to adapt in order to grow and maintain market share.

Despite economic uncertainty around the world the franchise market has continued to grow, remaining robust in developed markets and making inroads in the developing world. Furthermore, with increasing internationalisation of brands, markets that in the last decade might have seemed unlikely spots for franchisors to set up shop have since seen a flowering of brands. But the market is not without its problems, several of which bring into question the fundamentals of franchise law and the franchisor-franchisee relationship. Despite the industry’s strong response to a turbulent market, franchise law is currently facing something of a crucible.

In a time of global economic uncertainty, franchise systems are seen as prudent business models, offsetting some of the risks traditionally associated with opening or expanding a business. Reports indicate that the industry is continuing to show significant growth in both mature and emerging markets. It is an ever-expanding global practice with an increasingly sophisticated and diverse range of franchisors and franchisees. Law firms are thus said to be growing their franchise offerings and rapidly adapting to keep pace with market developments.

This year, we recognise 388 practitioners from 241 firms in 65 countries as leading lawyers for franchise law. Several firms stand out, most notably DLA Piper which has individuals from seven of its offices across the US, Europe and Asia singled out. Dentons, Bird & Bird and Gray Plant Mooty all perform strongly, as does specialist franchise outfit Plave Koch, which is home to our top practitioner in North America: Lee Plave.

We also list the most highly regarded lawyers in North America, Europe and the rest of the world.

With the benefit of over 17 years of research, encompassing tens of thousands of votes from clients and private practitioners, as well as hundreds of hours of interviews with legal professionals around the world, Who’s Who Legal offers an overview of the recent trends and developments in the global franchise legal market.

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.